Music supervisors are responsible for selecting the right music for a project and ensuring it fits the creative vision. They collaborate with filmmakers, producers, and other creatives to choose music that complements the project. However, lawyers handle the legal side—negotiating licensing agreements, ensuring all rights are cleared, and preventing legal disputes....
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While meeting three of the ten criteria is a necessary step to qualify for the EB1-A visa, it is not always as straightforward as it may sound. The Kazarian case clarified that it’s not simply about checking off three categories; the evidence must demonstrate that the applicant is truly extraordinary in their field. Filmmakers who have achieved significant accomplishments, received recognition from prestigious institutions, and made lasting contributions to the industry may be eligible for an EB1-A visa....
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Today we will talk about how to properly classify workers for independent film production under New York law. One of the key legal considerations for filmmakers is whether your crew, director, and screenwriters should be classified as employees or independent contractors. While New York does not use California’s AB-5 law or its stringent ABC Test, it relies on the common law of agency to determine worker classification. This makes it essential for filmmakers to carefully structure contracts and production arrangements to avoid misclassification issues....
Continue readingThe state's attempts to regulate gig drivers working for companies like Uber and Lyft have had unintended consequences, particularly impacting the independent film industry. While the legislation was designed to address issues surrounding worker classification and ensure fair treatment for gig economy workers, its broad scope has inadvertently ensnared freelance professionals in other sectors, including filmmaking....
Continue readingThe state's attempts to regulate gig drivers working for companies like Uber and Lyft have had unintended consequences, particularly impacting the independent film industry. While the legislation was designed to address issues surrounding worker classification and ensure fair treatment for gig economy workers, its broad scope has inadvertently ensnared freelance professionals in other sectors, including filmmaking....
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Imagine this scenario: You start a film production company in California and use a distinctive name for your business over several years. By consistently operating under this specific name, you naturally acquire common law trademark rights. These rights play a crucial role in protecting your business's identity. They essentially prevent other film production companies in the same geographical area from using an identical or confusingly similar name. This form of protection is grounded in unfair competition laws, which are designed to avoid confusion among consumers and safeguard the reputation and brand recognition you've established for your film production company....
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In my recent interactions with new filmmakers, I've observed a concerning trend involving management contracts. These filmmakers approach me to review contracts they've been offered, which often require substantial upfront payments — typically $2,000 or more. Novice filmmakers have been approached by individuals, usually with some experience in film, who offer these services. Let's refer to them as "individuals." These contracts, supposedly for managerial services, promise to find financiers and sell screenplays, especially at prestigious venues like the American Film Market (AFM) or the Cannes Film Festival. However, these promises often verge on being scams....
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In the intriguing case of Randles Films v Quantum Releasing (2014), the complexities of copyright law, particularly the extraterritoriality limitation of the US Copyright Act, come to the forefront. This case serves as a pivotal example of how copyright laws are applied in cross-border disputes and the extent to which US copyright protections extend beyond its borders....
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The Polaroid Doctrine, which is a fundamental concept in United States trademark law, was established by the United States Court of Appeals for the Second Circuit. This doctrine emerged from the 1961 case of Polaroid Corp. v. Polarad Elecs. Corp., where the court developed a set of factors to assess the likelihood of consumer confusion in trademark infringement cases....
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Trademark clearance is a critical step for screenwriters to protect their work and avoid legal entanglements. By understanding what needs to be cleared, avoiding certain words, and following best practices, screenwriters can navigate these legal waters with greater confidence and security. Always remember, when in doubt, seek legal advice to ensure that your creative work remains both original and compliant....
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